People v. Medina
Case Date: 04/30/1997
Court: 2nd District Appellate
Docket No: 2-96-0239
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_________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT _________________________________________________________________ THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court ILLINOIS, ) of Kane County. ) Plaintiff-Appellant, ) No. 91--CF--333) v. ) ) LUIS A. MEDINA, ) Honorable ) Barry E. Puklin, Defendant-Appellee. ) Judge, Presiding. _________________________________________________________________ JUSTICE THOMAS delivered the opinion of the court: The State timely appeals from the circuit court's order granting the post-conviction petition of defendant, Luis A. Medina, and effectively vacating defendant's criminal conviction on the basis of double jeopardy. He asserted in the petition that he had previously been punished where the Department of Revenue issued a "jeopardy" tax assessment against him and a lien on his property pursuant to the Cannabis and Controlled Substances Tax Act (Tax Act) (Ill. Rev. Stat. 1991, ch. 120, par. 2151 et seq.). We vacate the judgment. Following a bench trial, which began on January 13, 1992, defendant was convicted of the unlawful possession of a controlled substance (cocaine) with intent to deliver (Ill. Rev. Stat. 1991, ch. 56 |